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Live Event

Professionalism, Ethics and Malpractice


CLE Hours: 3 including 3 General, 1 Ethics, 1 Professionalism, 0 Trial Practice

Location:
Atlanta, Georgia
Dates:


Description

 

Presiding:

 

Jeffrey M. Smith, Program Chair; Greenberg Traurig, LLP, Atlanta, GA

 

 

8:00

IN-PERSON REGISTRATION

 

 

8:30

GREETING

 

Julia D. Neighbors, ICLE Director, State Bar of Georgia, Atlanta, GA

 

 

8:35

WELCOME AND PROGRAM OVERVIEW

 

Jeffrey M. Smith

 

 

8:45

Preventing Impairment and Preventing Adverse Consequences from Impairment (Professionalism) 

 

Joseph C. Chancey, Drew Eckl & Farnham LLP, Atlanta, GA

 

Taylor Poncz, Drew Eckl & Farnham LLP, Atlanta, GA

 

 

9:20 

Methods to Prevent Mediation, to Prevent Arbitration and to Prevent Litigation (Professionalism)

 

Jeffrey M. Smith

 

 

9:55

BREAK

 

 

10:10

Differences Between the Georgia and ABA Rules of Professional Conduct (Ethics)

 

Paula J. Frederick, General Counsel, State Bar of Georgia, Atlanta, GA

 

 

11:10

Update on Georgia Statutes of Limitation in Legal Malpractice Cases

 

Harry W. MacDougald, Caldwell Carlson Elliott & DeLoach LLP, Atlanta, GA

 

 

11:45

Case Law Update

 

Jeffrey M. Smith

 

 

12:00

ADJOURN

 

 

 

 

 

Program Coordinator:

 

Deloise Mathews, Senior Program Coordinator

 

 

 

 

 

Speakers and times are subject to change.

Speaker

Mr. Jeffrey M. Smith's Profile

Mr. Jeffrey M. Smith Related seminars and products

Greenberg Traurig LLP


A.  PRACTICE

Securities law, including ethics and malpractice litigation involving attorneys and accountants; entertainment industry joint ventures and audits; and food and beverage industry joint ventures and audits. 

B.  EDUCATION

Bachelor of Arts, summa cum laude, Phi Beta Kappa, University of Minnesota, 1970.  University of Malaya, Kuala Lumpur, Malaysia, 1966-67.  Juris Doctor, magna cum laude, Order of the Coif, University of Minnesota, 1973. Member, 1971-72, and President 1972-73, Minnesota Law Review.

 C.  HONORS AND AWARDS

 

  1. The Best Lawyers in America: Plaintiffs’ Legal Malpractice;
  2. The Best Lawyers in America: Defendants’ Legal Malpractice;
  3. The Best Lawyers in America: Corporate Law;
  4.   Who’s Who in American Law;
  5.  Who’s Who in America and;
  6.  Who’s Who in the World.

 

D.  SUMMARY OF TEACHING ACTIVITIES

 

  1. Semester courses in Ethics and Legal Malpractice at Duke, Emory and Vanderbilt Law Schools.
  2. Chair, 1983 – 2022, Georgia ICLE Professionalism, Ethics and Malpractice Seminar.
  3. Southwestern University of Finance and Economics: Guest Lecturer, English Language Instruction, 2013 (Chengdue, China).   
  4. Central University of Finance and Economics:  Honorary Professor and Guest Lecturer, Securities Laws, and Legal Opinions, 2008-present (Beijing, China).
  5. Suzhou Institute:  Guest Lecturer, Securities Regulation, 2009 (Suzhou, China).
  6. China Supreme Court: Guest Lecturer, Evolution of the Federal Securities Laws in the United States and comparison to China’s Securities Laws, May 13, 2008 (Beijing, China).   

 

E. PUBLICATION

 

1.  1976: Author, Preventing Legal Malpractice (West Publishing), the first book on this subject.
2.  1981:  Editor and reviewer, Levinson, Accountant’s Legal Liability (Harcourt Brace Jovanovich, Inc.).
3.  1999: Co-author, Fourth Edition of Preventing Legal Malpractice (Thomson/West).  4.  1985-2015:  Co-author, Legal Malpractice (Thomson/West), a five-volume, 7,000-page treatise.           
5.   2007-Present:  Co-author, Second, Third and Fourth Editions, Legal Opinions In Business   Transactions (American Bar Association), a three-volume, 2,000-page treatise. 
6.   2021: Co-editor, Harvard Professor Michael Witzel, The Veda in Kashmir (Harvard Press). 
7.   2023: (estimated):  Co-author with Harvard Professor Michael Witzel, Teaching English Strategically to Native Mandarin Speakers.

 


Mr. Joseph C. Chancey's Profile

Mr. Joseph C. Chancey Related seminars and products

Drew Eckl & Farnham LLP


Joseph C. Chancey is the managing partner for all offices of the Firm. In this role, he is responsible for guiding and implementing the strategic vision of the partnership and managing the firm’s C-level executives. Joseph has 36 years of experience serving as counsel for employers and continues to consult on day-to-day employment, business, and compliance issues for his clients.

Joseph focuses in the areas of commercial and employment law. He has effectively defended cases that run the gamut of employment laws, including discrimination and harassment claims, wage and hour claims, and claims under the Americans with Disabilities Act, Family and Medical Leave Act, and Age Discrimination in Employment Act. He also has substantial experience in cases involving non-compete and non-solicitation agreements. He is a frequent and popular speaker on employment law topics. In 2018, he was selected by his peers for inclusion in the Best Lawyers in America© 25th edition in Real Estate Litigation in Atlanta.

Presentations

“Employment Law Considerations: ADA, FMLA, Age Discrimination, Union Rights.”ADR in the Workers’ Compensation Arena. Atlanta, Georgia. January 2016.“Hot Topics in Employment Law.” Presentation Georgia Safety, Health, and Environmental Conference, Savannah, Georgia. September 2015.

“Hot Topics in Employment Law.” Presentation for Gwinnett Chamber of Commerce Employment Law Seminar. October 2015.

“Dealing with the Disabled Employee: Potential Issues with Discipline and Discharge.” Presentation for HB Next Educational Series, Atlanta, GA.  March 2015.

“The Aging Workforce, Employment Law Concerns, And Whether Your Workers’ Compensation General Release Really Resolves All Of Your Employment Law Issues.” Presentation for ICLE’s ADR in the Workers’ Compensation Arena, Webcast.  January 2015.

“Growing Pains – Legal Issues That Crop Up for Small and Growing Businesses.” Presentation with Meredith Guerrero and David Smith for the Gwinnett County Chamber of Commerce, Small Business Section. February 2014.”Employee Handbooks: What is, and isn’t, in your handbook can cost you.” Presentation for Gwinnett Chamber of Commerce Employment Law Seminar. September 2014.

Co-author, Employment Law Desk Manual, 2011, publication for clients of Drew Eckl & Farnham.

“2011 Employment Law Update” and “Navigating the Bermuda Triangle of Workers’ Compensation, The Americans with Disabilities Act and The Family and Medical Leave Act.” Joe Chancey and Dan Kniffen.  Presentations to the Georgia Department of Labor, Savannah Georgia.  September 2011.

Education, Admissions, and Memberships

EDUCATION

  • Florida State University, College of Law (JD, with highest honors, 1985)
  • Mercer University (BA, cum laude, 1982)

ADMISSIONS

Bar Admissions

  • Georgia

Court Admissions

  • U.S. District Court, Northern District, Georgia
  • U.S. District Court, Middle District, Georgia
  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Eleventh Circuit

MEMBERSHIPS

  • State Bar of Georgia
  • Atlanta Bar Association, General Practice, Trial Law and Labor, and Employment Law Sections
  • American Bar Association
  • Gwinnett Chamber of Commerce and Chairman's Club


Ms. Taylor S. Poncz's Profile

Ms. Taylor S. Poncz Related seminars and products

Drew Eckl & Farnham LLP


Taylor Poncz has been litigating cases for over a decade and focuses her practice exclusively in the defense of Workers’ Compensation claims for employers, insurers and self-insurers throughout the state of Georgia. She serves clients of all sizes across many industries, with particular experience in:

  • Construction
  • Food & beverage
  • City and County government
  • Manufacturing plants
  • Universities
  • Healthcare
  • Self-Insured Guaranty Trust Fund
  • Trucking and Transportation

Taylor has taken and defended hundreds of depositions including those of physicians, injured workers and employer witnesses.

She has handled hearings before Administrative Law Judges across the state and has extensive experience in settlement negotiations and mediations. In addition to her experience in litigation, Taylor counsels clients about loss prevention and financial savings when a loss occurs.

Taylor is a trained Mediator. For many years, she has also been an active member of a leading international defense organization, Defense Research Institute, where she has served in various leadership positions for the Women in the Law Committee.

In 2022, Taylor was honored with the On the Rise Professional Excellence Award from the Daily Report’s Georgia Legal Awards. The award recognizes Georgia’s most promising lawyers as innovators, developing unique practice niches, amassing robust books of business, demonstrating strong leadership qualities, showing expertise in litigation or transactional work, and committing themselves to pro bono, charitable and professional volunteer work. In 2016, Taylor was selected as a Georgia Rising Stars®, voted as one of Atlanta’s best lawyers. Only 2.5 percent of the attorneys in Georgia are honored on the Georgia Rising Stars list.

Taylor’s philosophy is, and has always been, about communication, collaboration with clients and closing cases efficiently and expeditiously. Most recently, she and some fellow mom lawyers at the firm started a Podcast called The Mother Board, which focuses on the challenges and issues female lawyers face when taking an active role in their families while taking charge of their careers.

Publications:

The Power of the Panel: Will Strict Compliance Be Enforced?  ABA Tort, Trial and Insurance Section, Workers’ Compensation & Employers’ Liability Law Committee, Winter 2014

 

Illegal Aliens’ Entitlement to Benefits: Georgia Employers Scramble for a Defense 

 

All in the Family: A Look at a Spouse’s Right to Payment for Home Healthcare Services 

 

The Continuing Continuance: The “Right” to Continue in Perpetuity 

 

A Look at Georgia And Illinois Legislation Addressing Dismissal of Workers’ Compensation Claims and Hearings

 

The Scope of Discovery Pursuant to the Statutory Amendment to OCGA 34-9-207

Education, Admissions, and Memberships

EDUCATION

  • Georgia State University, College of Law (JD, cum laude, 2007)
  • University of North Carolina at Chapel Hill (BA, 2004)

ADMISSIONS

Bar Admissions

  • Georgia

Court Admissions

  • Supreme Court, Georgia
  • Court of Appeals, Georgia
  • U.S. District Court, Northern District, Georgia

MEMBERSHIPS

  • State Bar of Georgia
  • Defense Research Institute (DRI)
    • Membership Co-Chair of Workers' Compensation Committee
    • Women in the Law Committee
  • Atlanta Bar Association

 


Ms. Paula J. Frederick's Profile

Ms. Paula J. Frederick Related seminars and products

State Bar of Georgia


Paula Frederick is general counsel for the State Bar of Georgia, a unified bar organization with over 52,000 members. As general counsel, Frederick is responsible for interpreting the ethics rules for lawyers, prosecuting lawyer discipline cases, and providing legal advice to the officers and directors of the organization. She has served in the Office of the General Counsel for 33 years and was deputy general counsel for discipline before becoming general counsel in 2009. 

 

Frederick is a 1982 graduate of the Vanderbilt University School of Law and a 1979 graduate of Duke University. Prior to joining the Office of the General Counsel, she spent six years as a staff attorney with the Atlanta Legal Aid Society handling civil legal matters for low-income people. 

 

Frederick is a past president of both the Atlanta Bar Association and the Georgia Association of Black Women Attorneys. She is also an active member of the American Bar Association, where she serves in the House of Delegates.  

 

She is chair of the Coordinating Council of the American Bar Association Center for Professional Responsibility and recently chaired the Standing Committee on Professional Regulation. In the past, she served on the Commission on the Future of Legal Services, chaired the Standing Committee on Ethics and Professional Responsibility and the ABA Diversity Center, and served as a member of the Board of Governors. 


Mr. Harry W. MacDougald Related seminars and products

Caldwell Carlson Elliott & DeLoach LLP


Harry MacDougald is a managing partner at Caldwell, Carlson, Elliott & DeLoach focusing on fiduciary and business litigation. Harry began at the firm in 2006, rejoining Harmon Caldwell, with whom he first practiced at a prior firm, Johnson & Montgomery, starting in 1985. Harry enjoys the challenges of technically, factually, and legally complex matters. 

 

Harry has handled many fiduciary and business litigation cases at the trial and appellate levels, including “business divorces,” breach of contract, fraud, will contests, conservatorship, guardianship, and breach of fiduciary duty in estate and trust administration. He has conducted numerous jury trials and handled approximately 50 appeals in state and federal courts. 

 

Harry received his undergraduate degree from Brown University in 1980 and his law degree cum laude from the University of Georgia in 1985. Harry is admitted to practice in all of Georgia’s state trial and appellate courts, the U.S. District Court for the Northern District of Georgia, several federal courts of appeal, and the U.S. Supreme Court. He is a member of the Federalist Society and an attorney advisor for the Southeastern Legal Foundation. On behalf of the Southeastern Legal Foundation and other groups, Harry has litigated or drafted amicus briefs on climate science, affirmative action, and the census. Harry is an occasional speaker on greenhouse gas regulation and climate science.

 

A native of Atlanta, Harry and his wife Liz have two sons.

 


Location

State Bar of Georgia

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104 Marietta St. NW, 3rd Floor, Atlanta, Georgia 30303, United States
(404) 527-8700
www.gabar.org

Important Information

Please be advised that your credit will not be reported to the State Bar of Georgia CLE Regulation Department until after you have completed the steps necessary to earn credit for that program. 

Self reporting is required for all other jurisdictions.

The information presented is solely for educational purposes. The opinions expressed by the faculty in their materials and presentations are their own and do not necessarily reflect the opinions of the State Bar of Georgia, its officers, directors and/or employees. The faculty is not engaged in rendering legal or other professional advice and these presentations and publications are not a substitute for the advice of an attorney. All publications and presentations were created to serve the continuing legal education needs of practicing attorneys.

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